EU sues UK over post-Brexit freedom of movement failures in blow to Starmer’s reset – The Independent

Posted December 17th, 2024 in brexit, EC law, freedom of movement, news by tracey

‘The European Commission is taking Britain to court over its alleged failure to comply with EU law on freedom of movement after Brexit.’

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The Independent, 16th December 2024

Source: www.independent.co.uk

Migration: How many people come to the UK and how have rules changed? – BBC News

Posted November 29th, 2024 in asylum, brexit, government departments, immigration, news, statistics, visas by michael

‘Net migration – the number of people coming to the UK, minus the number leaving – was 728,000 in the year to June 2024. The provisional figures are from the Office for National Statistics (ONS)’

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BBC News, 28th November 2024

Source: www.bbc.co.uk

Home Office pressed on EU citizens removed while awaiting approval to stay – The Guardian

Posted November 20th, 2024 in brexit, government departments, immigration, news by tracey

‘Watchdog seeks clarity on legal right to go on holiday or visit family abroad after applicants denied re-entry at UK border.’

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The Guardian, 18th November 2024

Source: www.theguardian.com

Research Briefing: A shift in approach? Assimilated law reform and the change of government – House of Commons Library

Posted November 18th, 2024 in brexit, EC law, news, repeals, statute law revision by tracey

‘The Labour government’s approach to reform of legacy EU laws is different from that of its Conservative predecessor. This briefing tracks changes in assimilated law in the first half of 2024 and looks at the future direction of reform following the General Election.’

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House of Commons Library, 15th November 2024

Source: commonslibrary.parliament.uk

Thomas Horsley, Coree Brown Swan, Nicola McEwen and Lisa Claire Whitten: Westminster Rules: The United Kingdom Internal Market Act and Devolution – UK Constitutional Law Association

Posted October 21st, 2024 in brexit, constitutional law, devolution, devolution issues, news by tracey

‘The UK Labour Government is committed to resetting relations with the devolved institutions. Yet, in its manifesto, Labour made no mention of any plans to reform the United Kingdom Internal Market Act 2020 (UKIMA) – regulating intra-UK trade post-Brexit – to deliver that commitment. In government, Labour now appears reluctant to engage directly with the Act, preferring to work around, rather than with it (Horsley, 2024). In a new report on the operational impact of the UKIMA on devolution, we call on the UK Government to change tack and address the Act directly in collaboration with the devolved institutions. We conclude that reform is essential to restore intergovernmental trust – the desired ‘relations reset’ – and rebalance the authority of the UK and devolved institutions with respect to regulating intra-UK trade.’

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UK Constitutional Law Association, 17th October 2024

Source: ukconstitutionallaw.org

Stephen Tierney: Towards a Principle of Positive Engagement?: The House of Lords Constitution Committee reports on The Governance of the Union – UK Constitutional Law Association

‘Over the past decade the House of Lords Constitution Committee has immersed itself in the principles, purposes and operation of devolution. Last week marked 10 years since the referendum on Scottish independence, and in that time the Committee has published multiple reports on the changing face of the territorial constitution, offering encouragement, detailed critique and practical recommendations. A number of these publications are cited in the introduction to its most recent report on The Governance of the Union: Consultation, Co-operation and Legislative Consent, which is published today. This report addresses the new system of intergovernmental relations introduced in 2022, the operation of the Sewel convention, the use of secondary legislation in devolved areas and plans by the new Labour Government for further devolution in England. Most notably, it recommends that a “principle of positive engagement” be added to the existing principles for intergovernmental relations, currently listed in The Review of Intergovernmental Relations policy document of January 2022.’

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UK Constitutional Law Association, 27th September 2024

Source: ukconstitutionallaw.org

Time to remedy the legal consequences of Jivraj v Hashwani? The personal scope of application of equal treatment legislation – by Nicola Countouris and Colm O’Cinneide – UK Labour Law

Posted September 26th, 2024 in brexit, contract of employment, contracts, EC law, equality, news by sally

‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’

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UK Labour Law, 25th September 2024

Source: uklabourlawblog.com

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by tracey

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com

Polish man living in UK since childhood granted 11th-hour deportation reprieve – The Guardian

Posted September 23rd, 2024 in brexit, deportation, documents, government departments, immigration, news by tracey

‘A Polish man who has lived in the UK since he was seven has been granted a last-minute reprieve after facing deportation because officials said he had not provided enough proof of living in the country for the last 20 years.’

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The Guardian, 22nd September 2024

Source: www.theguardian.com

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

Derivative residence rights and the EU Settlement Scheme – Doughty Street Chambers

Posted September 5th, 2024 in brexit, carers, chambers articles, EC law, immigration, judicial review, news by sally

‘On 30 July 2024, the Court of Appeal refused the claimants permission to appeal against the judgment of Mr Justice Eyre R(Akinsanya and Aning-Adjei) v SSHD [2024] EWHC 469 (Admin). The Court’s decision closes a significant chapter in the long-running litigation on the route to settlement for Zambrano carers under the EU Settlement Scheme. This article is aimed at helping those affected and their advisers to understand the latest judgment and consider what if anything they can do next to hasten their path to settlement.’

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Doughty Street Chambers, 28th August 2024

Source: insights.doughtystreet.co.uk

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Chambers

Posted August 22nd, 2024 in brexit, chambers articles, EC law, news by sally

‘When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer rely upon the various Regulations to establish a cause of action, there was a lot of discussion about what this would mean. Over 10 years later, there has been a surprising lack of authority about any of this. This is now potentially complicated all the more by Brexit.’

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Ropewalk Chambers, 10th July 2024

Source: ropewalk.co.uk

Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS – EIN Blog

Posted August 12th, 2024 in appeals, brexit, EC law, families, immigration, news by tracey

‘Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024). The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the EU Settlement Scheme (EUSS) to non-EU nationals who were siblings of EU nationals who had exercised free movement rights in the UK before its withdrawal from the EU.’

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EIN Blog, 9th August 2024

Source: www.ein.org.uk

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

Air Travel Woes – Law Pod UK

Posted July 26th, 2024 in airlines, appeals, brexit, compensation, news, podcasts, Supreme Court by sally

‘A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.’

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Law Pod UK, 25th July 2024

Source: audioboom.com

Courts place UK’s post-Brexit scheme for EU citizens at risk, experts warn – The Guardian

Posted July 26th, 2024 in brexit, citizenship, EC law, government departments, immigration, news by sally

‘The UK government scheme allowing EU citizens to remain post-Brexit is in danger of being upended, legal experts have warned, after a series of conflicting court rulings over social welfare payments to French and Slovenian citizens and the relative of a Spanish woman living in Britain.’

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The Guardian, 25th July 2024

Source: www.theguardian.com

Kate Ollerenshaw: Smarter Regulation: A Proliferation of Principles – UK Constitutional Law Association

Posted July 17th, 2024 in brexit, constitutional law, legislation, news, statute law revision by tracey

‘Shortly before the July 2024 general election was called, the Conservative Government published a White Paper on its approach to regulatory reform. Intended to ensure the UK’s regulatory landscape delivered “a world-class service”, Smarter Regulation: Delivering a Regulatory Environment for Innovation, Investment and Growth included a number of proposals to streamline regulation, including a one-stop shop and portal to access regulations, an enhanced role for the Regulatory Policy Committee in scrutinising options and impact assessments for legislation, and a framework to measure progress by regulators caught by the Growth Duty established under s. 108 of the Deregulation Act 2015 and now subject to new statutory guidance issued a few days after the White Paper was published.’

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UK Constitutional Law Association, 17th July 2024

Source: ukconstitutionallaw.org

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Personal Injury Blog

‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’

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Ropewalk Personal Injury Blog, 10th July 2024

Source: ropewalk.co.uk

Important Development in the Marinos/Munro Saga – Financial Remedies Journal

Posted July 10th, 2024 in brexit, divorce, domicile, EC law, news by tracey

‘A more detailed explanation of the background to this issue can be found in a blog Prof David Hodson OBE KC(Hons) MCIArb and I wrote for the FRJ earlier this year, but in considerable summary the position is as follows.’

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Financial Remedies Journal, 8th July 2024

Source: financialremediesjournal.com

More changes to the EU Settlement Scheme – Kingsley Napley Immigration Law Blog

Posted June 20th, 2024 in brexit, government departments, immigration, news, time limits by sally

‘A series of changes to the EU Settlement Scheme have resulted from the February 2023 High Court judgement in the Independent Monitoring Authority (IMA) case. The judgement said that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right upon failure to make an application for settled status before their pre-settled status expires.’

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Kingsley Napley Immigration Law Blog, June 2024

Source: www.kingsleynapley.co.uk